Shotkin v. Arrow Sanitary Laundry, Inc.
Shotkin v. Arrow Sanitary Laundry, Inc.
Opinion of the Court
This is an appeal from a judgment of the District Court of the Second Judicial District of Essex county in favor of the plaintiff, against the defendant,'in an action to recover-
Point 1 is that the court erred in denying a nonsuit because there was no evidence of negligence and because plaintiff was guilty 'of contributory negligence. The testimony that the truck was one hundred and fifty feet away when plaintiff started to turn presents some evidence of negligence and will support the trial judge’s finding of fact on the question. Contributory negligence was also a question of fact.
Point 2 deals with four grounds of reversal, the purport of' which seems to be that the court erred in finding for the plaintiff instead of for the defendant. A question of fact was presented by the evidence and the trial court will not be reversed when there is any evidence to support the finding.
In addition, defendant had a rule for new trial, on which he argued the question of the weight of the evidence. He is precluded from raising questions on appeal that relate to motions for nonsuit, &c. Exceptions were reserved, but no trial errors are urged on this appeal.
Point 3 assigns error in the action of the District Court judge in not making absolute the rule to show cause allowed defendant. The consideration of the rule to show cause 'was a discretionary matter and not appealable. There is no abuse of discretion shown.
The judgment is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.